46375-002: Secondary Road Improvement Project
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Semi-annual Social Safeguards Monitoring Report (January- June 2020) Geo: Secondary Road Improvement Project Land Acquisition and Resettlement Plan (LARP) for Dzirula – Kharagauli – Moliti (Section 1) Km 0.000 to Km 24.620 Land Acquisition and Resettlement Plan (LARP) for Section 2 (Moliti-Chumateleti) Km 24.620 to Km 50.244 Project Number-: 46375-002 Loan Number: 3524-GEO Prepared: October 2020 Prepared by Construction Supervision Consultant for the Road Department of the Ministry of Regional Development and Infrastructure and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Semi-Annual Monitoring Report (January-June 2020): Secondary Road Improvement Project Abbreviations ADB Asian Development Bank AIDS Acquired Immune Deficiency Syndrome AIIB Asian Infrastructure Investment Bank AP Affected Person AIDS Acquired Immune Deficiency Syndrome CR Compliance Report CSC Construction Supervision Consultant DP Displaced Person EBRD European Bank for Reconstruction and Development EMC External Monitoring Consultant ETCIC Eurasian Transport Corridor Investment Center GEL Georgian Lari GoG Government of Georgia HH Households HIV Human Immunodeficiency Virus IA Implementing Agency IFC International Finance Corporation IP Indigenous People IR Involuntary Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LE Legal Entity MFF Multi-tranche Financing Facility RDMRDI Ministry of Regional Development Infrastructure RD Roads Department NGOs Non-Government Organizations PAM Project Administration Manual PCP Public Communication Policy PPE Personal Protection Equipment 2 Semi-Annual Monitoring Report (January-June 2020): Secondary Road Improvement Project Glossary Compensation: Payment made in cash or kind to the project affected persons/households at replacement cost of the assets acquired for the project, which includes the compensation provided under the Land Code of the Republic of Georgia (GE Rules for Expropriation of Ownership for Necessary Public Need July 23, 1999, Civil Procedural Code of Georgia, November 14, 1997, Public Register (No 820-IIs; December 19, 2008, Recognition of Property Ownership and other subsequent rules that refers stipulated in the Land Acquisition and Resettlement Plan (LARP). Cut off Dates: These are the dates on which censuses of the project affected persons and their assets to be affected are commenced in a particular area. Assets like houses/ structures and others which are created after the cut-off dates, and the persons or groups claiming to be affected, become in eligible for compensation and assistance. Displaced Person (DP): Any person who has to involuntarily change his/her place of residence and/or workplace or place of business/livelihood from the current location as result of the project. This may include moving out from his/her land or building. Encroacher: A person who has extended his property into public land; a person who has trespassed on government land, adjacent to his/her own land or asset, to which he/she is not entitled, and derives his/her livelihood or extended his/her property prior to the cutoff date. Entitlement: Refers to mitigation measures, which includes cash payments at replacement cost or through replacement land equal in value/ productivity to the plot lost and at location acceptable to APs where feasible as stipulated in the LARP. Entitlements include compensation for structure (permanent & temporary), crops, trees, business, wage, etc., for which compensation is already paid. Household: A household is a group of persons who commonly live together with common in comes and take their meals from a common kitchen. Income Restoration: Refer store-building the capacity of the project affected household store- establish income sources at least to restore their living standards to the pre-acquisition levels. Indigenous Peoples: Indigenous Peoples are those who are identified in particular geographic areas based on these four characteristics: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. Involuntary Resettlement: The unavoidable displacement of people and/or impact on their livelihood, assets, and common property resulting from development projects that create the need for rebuilding their livelihoods, sources of income, and asset bases. Legal Entity: Legally registered enterprise established by two or several individuals or companies vested with its separate property, rights, and liability such as a limited liability partnership (LLP), and joint stock company (JSC). Semi-Annual Monitoring Report (January-June 2020): Secondary Road Improvement Project NGO: Non-Government Organizations (NGO) are private voluntary organizations registered with Georgian Government. There are number NGOs working in Georgia performing activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development, etc. Participation/Consultation: Defined as a continuous two-way communication process consisting of: ‘feed-forward’ the information on the project’s goals, objectives, scope and social impact implications to the project beneficiaries, and their ‘feed-back’ on these issues (and more) to the policy makers and project designers. In addition to seeking feedback on projects specific issues, the participatory planning approach also serves these objectives in all development projects: public relations, information dissemination and conflict resolution. Physical Cultural Resources: Defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or underwater. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices. Their cultural interest may be at the local, provincial or national level, or within the international community. Project-Affected Person/Household/Legal Entities: Persons/households/Legal Entities whose livelihood and living standards are adversely affected by acquisition of lands, houses, and other assets, loss of income sources and the like, due to undertaking of the project. Rehabilitation: Refers to improving the living standards or at least re-establishing the previous living standards, which may include re-building the income earning capacity, physical relocation, rebuilding the social support and economic networks. Relocation: Moving the project-affected households/Legal Entities to new locations and providing them with housing, water supply and sanitation facilities, lands, schools, and others social and healthcare infrastructure, depending on locations and scale of relocation. Replacement Cost: The Asian Development Bank’s Safeguard Policy Statement (SPS) 2009 describes “replacement cost” as the method valuation of assets that helps determine the amounts insufficient replace lost assets and cover transaction costs. In applying this method valuation, depreciation of structures and assets is not taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempt share made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the placement cost standard. Land Acquisition & Resettlement Plan (LARP): A time-bound action plan with a budget, setting out resettlement policy, strategy, objectives, options, entitlements, actions, approvals, responsibilities, monitoring, and evaluation. 4 Semi-Annual Monitoring Report (January-June 2020): Secondary Road Improvement Project Severely Affected Households: As per SPS 2009 households/ entities losing more than 10% of his/her income/productive assets called severely affected. Squatter: Household or person occupying public lands without legal arrangements with the Government of Georgia or any of its concerned agencies is a squatter to the lands. Stakeholder: Refers to recognizable persons, and formal and informal groups who have direct and indirect stakes in the project,